Criminal Law

Question 1

What are the elements of a crime?

Answer 1

actus reus
mens rea
concurrence in time
occurrence of result (causation)

Question 2

What is actus reus

Answer 2

voluntary, conscious act OR an omission when a duty to act exists (and the ∆ can physically perform the act)

Question 3

mens rea

Answer 3

“a guilty mind;” the requisite mental state necessary for the crime

Question 4

concurrence in time

Answer 4

both the mental and physical elements of a crime must coexist; the mental state should also actuate (put into action) the act or omission

Question 5

specific intent crime

Answer 5

1. he wants, hopes, wishes his conduct will bring about a particular result; or
2. he expects (is substantially certain) his act will have that particular result

Question 6

general intent crime

Answer 6

commission of an unlawful act done voluntarily and purposefully. no specific mens rea necessary.

Question 7

strict liability crime

Answer 7

culpability is imposed on a ∆ merely for doing the act that is prohibited by statute

Question 8

occurrence of a result (causation)

Answer 8

the ∆’s conduct must be both the actual and proximate cause of the specified criminal act.

• Actual:
  1. the criminal result would not have occurred absent the ∆’s act (if one ∆, it’s the ‘but for’ test)
  2. the ∆’s act was a substantial factor causing the criminal result (one or more actors, look for their contributions)
  3. if you accelerate an inevitable death

-Proximate
cannot hold ∆’s liable for extraordinary results; ie acts of nature or grossly negligent or intentional bad acts of 3rd parties)

Question 9

intervening cause

Answer 9

combines with the ∆’s act to bring about the harm

Question 10

superseding cause

Answer 10

breaks the chain of proximate cause – can’t be foreseeable (ie act of nature

Question 11

homicide

Answer 11

the killing of a human being by another human being

Question 12

murder

Answer 12

the unlawful killing of another with malice aforethought

Question 13

4 mental states that satisfy malice aforethought

Answer 13

1. intent-to-kill
2. intent to cause serious bodily harm
3. depraved-heart murder (unintentional killing resulting from wanton indifference to human life and conscious disregard of an unreasonable risk of death or serious bodily injury)
4. felony murder

Question 14

∆s who do not actually commit any acts sufficient to actual cause may nonetheless be legally responsible for a killing under what theories?

Answer 14

• accomplice
• conspiracy
• joint liability (both a third party and ∆ cause a victim’s death)
• felony murder

Question 15

Elements of felony murder (3)

Answer 15

1. Type- must be inherently dangerous crime (BARRK)
2. Foreseeable Outgrowth- the resulting death must be a foreseeable outgrowth of the ∆’s conduct
3. Time- the harm that results in the death of the victim must occur during the commission of the felony

Question 16

Mnemonic for felony murder crimes [BARRK]

Answer 16

Burglary
Arson
Robbery
Rape
Kidnapping

Question 17

deadly weapons doctrine

Answer 17

an inference of intent to kill is raised through the intentional use of any instrument which is calculated to produce death or serious bodily injury

Question 18

1st degree murder

Answer 18

Intent-to-kill murder + premeditation and deliberation

can include felony murder and in some jxns lying in wait, poison, terrorism, or torture

Question 19

2nd degree murder

Answer 19

any murder that doesn’t meet the definition of 1st degree murder

examples:

• murder resulting from intent to cause serious bodily harm
• action with wanton or willful misconduct

Question 20

voluntary manslaughter

Answer 20

• intentional killing mitigated by adequate provocation* or another circumstance negating malice aforethought; aka “heat-of-passion” killing
• no cooling off period
• standard= reasonable person would lose self control

Question 21

involuntary manslaughter

Answer 21

-unintentional killing without malice aforethought caused by recklessness, criminal negligence (gross negligence required), or during the commission/ attempted commission of an unlawful act (you commit a misdemeanor such as battery and death results)

Question 22

defenses to criminal battery- L

Answer 22

• consent (cannot be coerced or product of fraud)
• self defense
• defense of others

Question 23

criminal battery- L

Answer 23

the intentional, reckless, or criminally negligent application of force to the victim

can elevate to aggravated battery if serious bodily injury, use of a deadly weapon to batter, battering of a woman/child/police officer

Question 24

criminal assault- L

Answer 24

• by attempting to commit battery
• intentionally causing the victim to fear an imminent battery

can elevate to aggravated assault when assault conducted with a dangerous weapon or ∆ acts with intent to seriously injure, rape, or murder the victim

Question 25

mayhem- L

Answer 25

1) a malicious and
2) unlawful act of physical force
3) which deprives a person of a member of his/her body or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip.
Mayhem may also refer to violent destruction or disruption

Question 26

bigamy- L

Answer 26

marriage by one person to more than one other person

Question 27

incest- L

Answer 27

sexual relations between closely related people (relationship varies by state)

Question 28

common law rape- L

Answer 28

1) carnal knowledge (vaginal penetration)
2) without consent
3) by force (overcome person’s will)

Question 29

modern law rape- L

Answer 29

• requires proof of sexual intercourse with another compelled by force and against the victim’s will (or compelled by threat of bodily injury)
• at modern law, penetration satisfies force
• mistake is a defense if made honestly and reasonably
• statutory rape is a strict liability offense; mistake is generally no defense

Question 30

larceny- L

Answer 30

1. the taking
2. and carrying away (even the slightest movement)
3. of the property (can include intangibles such as electricity)
4. of another
5. with the intent to permanently deprive (continuing trespass)

Question 31

crime of obtaining property by false pretenses- L

Answer 31

1. An individual makes a false representation of a past or existing material fact;
2. The person making the representation knew the representation was false;
3. The representation was made with the intent to defraud the other person;
4. The victim relied on the false representation; and
5. Due to the false representation the victim passes title to their property.

Question 32

Burglary

Answer 32

1. the breaking (common law= requires some force; modern maj= even a slight enlargement of opening counts)
2. and entering (includes any portion of body OR a tool used for taking– ie fishing pole)
3. of the structure
4. of another
5. with the intent to commit a felony or theft offense therein (requires simultaneous intent)

Question 33

Insanity defense (4 tests)

Answer 33

Rule: If the defendant was legally insane at the time of his criminal act, no criminal liability will be
imposed

Question 34

Insanity: M’Naghten Test

Answer 34

A defendant will be relieved of criminal
responsibility upon proof that, at time of commission:
(a) the defendant suffered from a severe mental disease or defect; and
(b) as a result, the defendant is unable to know either:
• the nature and quality of their act; or
• that what they were doing was wrong

Question 35

Insanity: Irresistible Impulse test

Answer 35

The defendant will not be guilty when they had a mental disease that kept them from controlling their conduct

Question 36

Insanity: MPC test

Answer 36

The defendant is not responsible for criminal conduct if, at time of such conduct and as a
result of a mental disease or defect, they lacked the substantial capacity to appreciate
the criminality (wrongfulness) of their conduct or to conform conduct to the requirements
of law

Question 37

Insanity: Durham/NH test

Answer 37

The defendant is not criminally responsible if the unlawful act was the product of a
mental disease or defect (i.e., that it would not have been committed “but for” the disease
or defect)

Question 38

Self Defense

Answer 38

a) Self-defense is a justification defense
b) Self-defense applies where there is an honest and reasonable judgment that it is necessary to use
force to defend against an unlawful, imminent threat of bodily harm
c) The defendant must be the victim of the unlawful threat (and not the initial aggressor)
d) The defendant must be in imminent danger of unlawful bodily harm (otherwise, they should call the
cops)
e) The defendant must use proportional force (no more than reasonably necessary) to prevent the imminent harm

Question 39

Homicidal Self-Defense

Answer 39

i) Deadly force used in self-defense is only permitted in response to an imminent threat of death or
grievous bodily harm
ii) Unclean Hands: An initial aggressor may not claim self-defense
(1) Common Law: The initial aggressor could regain the right to self-defense only by complete withdrawal perceived by the first victim
(2) Modern Law: The initial aggressor has the right to self-defense if the first victim responds to the aggression with excessive force

Question 40

Retreat rule

Answer 40

i) Common Law: The victim of unlawful violence had the duty to retreat before use of deadly force
ii) Even when retreat still required, it is not required in the defendant’s own home, car, or office,
and is not required if retreat not feasible

Question 41

Defense of Others

Answer 41

a) Force is justified when necessary to defend a third party who is facing an unlawful imminent threat of
bodily harm
b) Use of deadly force is only justified when there is a threat of death or grievous bodily harm
c) Majority Rule: Based on the reasonableness of the defendant’s belief that the third person was
being unlawfully attacked
i) If reasonable but mistaken, the defendant can still
claim defense of others
d) Minority Rule: The defendant steps into the shoes of the victim being attacked—if the third
party was the initial aggressor or failed to retreat when required by law, the defendant has no
defense